Terms & Conditions

1. Who we are

giftogy.com (the “Site”) is operated by Giftogy Creatives Pvt. Ltd. (“Giftogy”, “we”, “us”, “our”), trading as Giftogy.

• Registered business address: Sarla Appt, Sharanpur Road, Nashik, India 422002
• Contact email: info@giftogy.com

These Terms should be read together with our Privacy Policy, Refund & Returns Policy, and Cookie Policy, which are incorporated into these Terms by reference.

2. Definitions

• “Product(s)” — the personalised keepsakes and other items we offer for sale.
• “Your Content” — the photographs, images, text, and instructions you upload or provide to personalise a Product.
• “Preview” — the design proof we prepare from Your Content for your approval before production.
• “Order” — your request to purchase a Product through the Site.
• “Contract” — the legally binding agreement between you and us for the sale of a Product, formed as described in Section 5.

3. Eligibility

By placing an Order, you confirm that you are at least 16 years old (or the age of majority where you live, if higher) and legally able to enter into a binding contract. Products are intended for adult purchasers. You are responsible for anyone you allow to use your account or device to place an Order.

4. Your account

You can order as a guest or by creating an account. If you create an account, you are responsible for keeping your login details confidential and for all activity under your account. Please tell us promptly at info@giftogy.com if you believe your account has been used without your authorisation. We may suspend or close an account that we reasonably believe has been used in breach of these Terms.

5. Orders and how a contract is formed

5.1

Placing an Order and completing payment is an offer by you to buy a Product. It does not by itself create a Contract.

5.2

After you order, we will send an order acknowledgement confirming we have received your Order. This acknowledgement is not acceptance of your Order.

5.3

A Contract is formed only when we accept your Order — which we do when we send you your Preview for approval, or otherwise confirm that we are proceeding with your Order, whichever is earlier. Until then, no Contract exists.

5.4

We may decline or cancel an Order (before or after acknowledgement) — for example, if a Product is unavailable, if there has been a pricing or description error, if we cannot verify your details, if we suspect fraud, or if Your Content breaches Section 7. If we decline or cancel before production begins, we will not charge you or will refund any amount you have paid for the affected item.

6. Personalised Products and the design-approval process

6.1 Custom-made.

Our Products are personalised and made to order from Your Content. Because of this, the process and your cancellation rights differ from ordinary “off-the-shelf” goods — see Sections 7, 10, and 11.

6.2 Preview and approval.

After you order, our artists prepare a Preview of your design, which we aim to send to you within 5 business days. You may request a change (see 6.3) or approve the Preview. We do not begin production until you approve your Preview.

6.3 Revisions.

We include one (1) free revision to your Preview so you can get it right. Additional changes beyond this may be subject to a reasonable fee, which we will tell you about before proceeding.

6.4 Your approval, your responsibility.

When you approve a Preview, you confirm that it is correct — including the photo used, layout, spelling, and any personalised text. Once approved, we produce your Product based on that approved Preview. We are not responsible for errors you approved (for example, an incorrect name spelling or the wrong photo). If you ask us to remake a Product because of a change or error on your side after approval, this will be treated as a new, chargeable Order.

6.5 Handmade variation.

Each Product is handcrafted and is an artistic, stylised interpretation of Your Content — not a photographic reproduction. Slight variations in line detail, finish, texture, and exact dimensions are a natural feature of handmade items and are not defects. Colours and finishes may also appear slightly different on your screen compared to the finished Product.

6.6 Photo quality.

The quality of your finished Product depends partly on the quality of the photo you provide. We will tell you if a photo is unsuitable before we proceed where we reasonably can, but clearer, well-lit photos produce the best results.

7. Photo Submissions, Personalisation & Your Responsibilities

7.1 Your Content.

You remain the owner of Your Content. These Terms and our Privacy Policy govern how we handle it.

7.2 Your warranties.

By submitting Your Content, you represent and warrant that:

1. you own or have all rights, licences, and permissions necessary to submit Your Content and to have it reproduced by us as a personalised Product;
2. you have obtained the consent of every identifiable individual shown in Your Content to submit it to us and to have it turned into a personalised Product;
3. where any individual shown is a child or minor, you are that child's parent or legal guardian, or you have obtained the consent of the child's parent or legal guardian;
4. Your Content does not infringe any third party's intellectual property, privacy, publicity, or other rights; and
5. Your Content is not unlawful, defamatory, obscene, hateful, or otherwise prohibited under Section 7.4.

7.3 Licence to us (limited to fulfilling your Order).

You grant Giftogy a limited, non-exclusive, worldwide, royalty-free licence to store, reproduce, adapt, and use Your Content solely to the extent necessary to create a Preview of, produce, deliver, and support your Order (including handling revisions, refunds, and disputes). This licence does not permit us to use Your Content for marketing, advertising, or any purpose other than fulfilling your Order, and it ends when we delete Your Content in accordance with our Privacy Policy.

7.4 Prohibited content.

You must not submit any content that: is illegal or promotes illegal activity; sexualises, exploits, or endangers a minor; infringes another person's intellectual property, privacy, or publicity rights; is defamatory, harassing, hateful, or depicts gratuitous violence; or that you do not have the right to use. We have zero tolerance for child sexual abuse material and will report it to the relevant authorities.

7.5 Our right to review, refuse, or cancel.

We may decline, pause, or cancel any Order, and refuse, remove, or request replacement of any content, at our reasonable discretion — including where we believe content breaches these Terms, is unsuitable for reproduction, is of insufficient quality, or may be unlawful. Where we cancel an Order for such reasons before production begins, we will refund the amounts paid for the affected item in accordance with our Refund & Returns Policy.

7.6 Our reliance, and your indemnity.

We accept and produce your Order in reliance on the warranties you give in Section 7.2. To the fullest extent permitted by law, you agree to indemnify and hold harmless Giftogy, its owners, employees, and suppliers from and against any claims, demands, losses, damages, liabilities, and reasonable costs (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) your breach of any warranty in Section 7.2; or (c) your breach of Section 7.4 — including, without limitation, any claim brought by a person depicted in Your Content, or by any rights-holder.

7.7 Privacy.

How we collect, use, store, and delete Your Content is described in our Privacy Policy, including our commitment that we do not publish or display your photographs and that we delete them after your Order.

8. Prices, payment, taxes, and currency

8.1

Prices are shown on the Site in US Dollars (USD) and may change at any time, but changes will not affect Orders we have already accepted.

8.2

The price shown includes any taxes we are required to charge. For international deliveries, import duties, customs charges, and local taxes may apply on delivery and are your responsibility (see Section 9).

8.3

We take reasonable care to price Products correctly, but errors can occur. If we discover a pricing error before we accept your Order, we will contact you and give you the option to reconfirm at the correct price or cancel (Section 5.4).

8.4

Payment is taken at checkout through our third-party payment provider (Shopify Payments) and any additional payment methods we enable at checkout. By paying, you confirm you are authorised to use the payment method. We do not store your full card details.

9. Shipping and delivery

9.1

We ship internationally via India Post and its partner carriers. Shipping options and costs are shown at checkout.

9.2

Because Products are handcrafted after your approval, typical timing is a Preview within 5 business days, then production and delivery, with most Orders arriving within about 2 weeks of Order confirmation. Delivery timeframes are estimates, not guarantees, and may be affected by matters outside our control (Section 16).

9.3

Risk of loss or damage passes to you on delivery. If your Product arrives damaged or faulty, contact us at info@giftogy.com within 14 days of delivery, with photos, and we will assist under our Refund & Returns Policy and your legal rights (see Section 10).

9.4 International duties & taxes.

For deliveries outside India, you are the importer of record and are responsible for any customs duties, import taxes, or fees charged by the destination country. We are not responsible for delays caused by customs.

10. Cancellations, returns, and refunds

10.1 Personalised goods.

Because our Products are personalised and made to your specifications and approved by you before production, they cannot be cancelled or returned for a change of mind once you have approved your Preview and/or production has begun, to the extent permitted by applicable law.

10.2 Cancellation before approval.

You may cancel your Order any time before you approve your Preview. In that case we will refund you, less a reasonable design fee to cover the design work already carried out on your Preview. Contact info@giftogy.com.

10.3 Faulty, damaged, or not-as-described Products.

Nothing in these Terms affects your statutory rights. If a Product arrives faulty, damaged, or materially not as described, contact us within the window in Section 9.3 and, once confirmed, we will provide a replacement (or another remedy where required by law).

10.4

Full details, timeframes, and how to make a claim are set out in our Refund & Returns Policy, which forms part of these Terms.

11. Intellectual property

11.1 Our IP.

All content on the Site — including the Giftogy name and logo, text, graphics, designs, our artistic styles, templates, and software — is owned by or licensed to us and is protected by intellectual property laws. You may not copy, reproduce, or use it except as needed to browse and buy from the Site.

11.2 Your Content.

You keep ownership of Your Content and grant us only the limited licence in Section 7.3.

11.3 Your finished Product.

When you buy a Product, you may use and display the physical Product you purchased for your own personal, non-commercial use. We retain all rights in our underlying artistic process, styles, and templates.

12. Acceptable use of the Site

You agree not to: use the Site unlawfully or fraudulently; upload malicious code; attempt to gain unauthorised access to our systems; scrape or harvest data; or interfere with the Site's operation or security. We may suspend or restrict access for breach of this Section.

13. Reviews and user-generated content

If you submit a review or other content (separate from Your Content used to make a Product), you grant us a non-exclusive, worldwide, royalty-free licence to use, display, and reproduce it in connection with our business. You are responsible for ensuring your review is honest, lawful, and does not infringe anyone's rights. We may moderate, edit for length, or remove reviews that breach these Terms.

14. Disclaimers

14.1

The Site is provided on an “as available” basis. We take reasonable care to keep it accurate and available but do not guarantee it will be uninterrupted or error-free.

14.2

As set out in Section 6.5, Products are handmade artistic interpretations and natural variation is expected; this is not a defect.

14.3

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including your mandatory statutory consumer rights.

15. Limitation of liability

15.1

Subject to Section 15.2, and to the fullest extent permitted by law, our total liability to you arising out of or in connection with any Order or these Terms is limited to the amount you paid for the Product(s) giving rise to the claim. We are not liable for indirect, incidental, special, or consequential loss, or for loss of profit, data, or goodwill.

15.2

Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded or limited under applicable law (including your statutory consumer rights).

16. Events outside our control (force majeure)

We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including natural disasters, extreme weather, epidemics, strikes, war, civil unrest, failures of carriers or suppliers, customs delays, or interruptions to utilities or the internet. If such an event occurs, we will let you know and, where appropriate, offer a revised timeframe or a refund.

17. Third-party links and services

The Site may link to or rely on third-party websites and services (for example, our payment, shipping, and hosting providers). We are not responsible for their content or practices; your use of them is governed by their own terms.

18. Governing law and disputes

18.1

These Terms and any dispute arising out of them are governed by the laws of India, and the courts of Nashik, Maharashtra, India will have jurisdiction — except that, if you are a consumer, you also benefit from any mandatory consumer-protection rights and remedies of the country in which you live, and may be able to bring proceedings there.

18.2

We would like the chance to resolve any issue first — please contact us at info@giftogy.com before starting formal proceedings. If you are an EU consumer, you may also access the European Commission's Online Dispute Resolution platform.

19. Changes to these Terms

We may update these Terms from time to time. The version that applies to your Order is the one in force when you place it. We will post the current version on the Site with an updated date, and where changes are significant we will take reasonable steps to notify you.

20. General

• Severability: if any provision is found unenforceable, the rest remain in effect.
• No waiver: if we do not enforce a right, that is not a waiver of it.
• Assignment: you may not transfer your rights under these Terms without our consent; we may transfer ours in connection with a business sale or reorganisation.
• No third-party rights: except where stated, these Terms do not give rights to anyone other than you and us.
• Entire agreement: these Terms and the policies referenced in them are the entire agreement between you and us regarding your Order.

21. Contact us

• Email: info@giftogy.com
• Address: Giftogy Creatives Pvt. Ltd., Sarla Appt, Sharanpur Road, Nashik, India 422002

22. Photo consent at checkout

Before you upload a photo or complete your order, we ask you to confirm the following. This confirmation relies on, and forms part of, the warranties, licence, and indemnity set out in Section 7 of these Terms.

How this works

This confirmation is required before you can upload a photo or complete checkout — it is never pre-checked on your behalf. It is kept entirely separate from marketing communications: agreeing to it does not sign you up for offers or emails, and any marketing opt-in we offer is its own separate, optional, unticked choice.

We keep a timestamped record of your confirmation together with your order ID and order details, as evidence of your consent should any question about a photo ever arise. If you upload your photo earlier in the process, we ask you to confirm this again at checkout, so your agreement is captured at the point of purchase.

We do not offer, and do not intend to offer, an option to use your photo in our marketing. If that ever changes, it will only be through a separate, clearly-worded, opt-in choice — never bundled into this confirmation.